Webinar
UK Employment Law Update - May 2015
Paul Callegari, Partner
Sarah Turpin, Partner
Arthur Artinian, Partner
© Copyright 2014 by K&L Gates LLP. All rights reserved.
Presenters
Paul Callegari
Partner
London
T +44 (0)20 7360 8194
F +44 (0)20 7648 6368
paul.callegari@klgates.com
klgates.com
2
Agenda
1. In case you missed it…
2. Feature: mitigation and management of cyber
risks and risks created by misuse of social
media by employees
 Discussion with Sarah Turpin and Arthur Artinian,
Partners, K&L Gates
3. Q&A
klgates.com
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In case you missed it…
 Conservative election victory:

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strike action to be approved by minimum 40% turn out
“yes” vote to have limited shelf life
agency workers can be used to cover strikes
employers with more than 250 employees to be required to
publish difference between average pay of male and female
employees to combat gender pay inequality
 exclusivity clauses in zero hours contracts to be eradicated
 de-recognition of European Convention on Human Rights and
replacement of Human Rights Act with British Bill of Rights
 cap on public sector redundancy pay offs
klgates.com
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In case you missed it… (Cont.)
 “Woolworths” decision
 20 or more redundancies at one “establishment” within 90 days or less requires
consultation with unions or employee reps for at least 30 days
 “establishment” requirement disregarded by EAT; Court of Appeal referred to
ECJ
 “establishment” requirement upheld by ECJ: “local employment unit”
 collective consultation likely to be required in fewer cases
 “local employer unit”? Possible disputes
klgates.com
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Feature: Cyber risk and social media
Sarah Turpin
Partner
London
T +44 (0)20 7360 8285
F +44 (0)20 7360 6445
sarah.turpin@klgates.com
klgates.com
Arthur Artinian
Partner
London
T +44 (0)20 7360 8207
F +44 (0)20 7648 9001
arthur.artinian@klgates.com
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Defining moments in history of digital risk
and cyber security
 The first computer worm (late 1980searly 1990s)
 The first viruses (1990s)
 Credit cards under attack (late 2000s)
 Rise in social media (personal and
professional)
 The Target breach and the Data
Security threat (the modern day)
klgates.com
Social media: what happens in Vegas stays on YouTube,
Facebook, Twitter …
If Facebook were a country it would
be the 3rd largest in the world.
Only 14% of people trust traditional
TV advertisements
93% of marketers use social media
for business
Every minute 72 hours of video is
uploaded to YouTube
Over 1 billion users on Facebook
The Ford Explorer launch on
Facebook was more effective than a
Super Bowl ad
53% of people recommend
products in their tweets
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Employees as the weak spot

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Social engineering/phishing
Human error
Disgruntled/former employees
Laptops/mobile phones and other external
devices
 BYOD
 Social media
klgates.com
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klgates.com
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oops!!
ack
11
link
klgates.com
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Social media threats: Brand and share value
12
Digital risks: an overview
Legal
risk
• Compliance
• Contractual
liability
• Class action
liability
• IP rights
infringement
Operational
risk
 Communication
flows
 Money flows
 Output
 Insurance
Reputational
risk
• Crisis
• Data loss
• Data privacy
• Cyber security
• False
information
• Social media
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Social media assets
Accounts and
handles
Fans, friends
and followers
Intellectual property
#hashtags
Employees
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Brand control - Employees

Controlling circulation of brand

Controlling re-use of brand

Brand enemies

Contractual framework

Limits of legal response
15
Social media: employer best practice
 Robust digital and social media policy
 Employees
 Contractors
 Directors and others
 Employment contracts
 Restrictions and controls
 Ownership of social media assets
klgates.com
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Social media policy
 Employee use of company IT resources
 Employee use of company IP assets and confidential
and privileged information
 Employee use of third-party IP assets
 Protection of third-party confidentiality and privacy
 Prohibition on harassment, bullying, discrimination
 Prohibition on negative comments about company,
employees, business contacts or competitors
 Balance restrictions and permissions
klgates.com
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Steps to mitigate cyber and social media
risks
 Risk Assessment: identify Cybercrime, Privacy and Data
Protection risks specific to business
 Ensure internet safety and network security
 Adequate staff training and user awareness throughout
business
 Ongoing management and updating
 Establish an Incident Response Plan and Disaster
Recovery Team
 Identify suitable external advisers
 Consider insurance implications
klgates.com
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Q&A
klgates.com
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Webinar
UK Employment Law Update - May 2015
Paul Callegari, Partner
Sarah Turpin, Partner
Arthur Artinian, Partner
© Copyright 2014 by K&L Gates LLP. All rights reserved.